From Casetext: Smarter Legal Research

Matter of Staron v. Prudenti

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 592 (N.Y. App. Div. 1995)

Opinion

December 18, 1995

Appeal from the Supreme Court, Kings County.


Motion by the respondent Justice A. Gail Prudenti to dismiss the proceeding.

Upon the petition and papers filed in support of the proceeding and the papers filed in opposition thereto and in support of the motion, it is

Ordered that the motion is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers" ( Matter of Holtzman v Goldman, 71 N.Y.2d 564, 569; see, Matter of Rush v Mordue, 68 N.Y.2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. Balletta, J.P., O'Brien, Thompson and Hart, JJ., concur.


Summaries of

Matter of Staron v. Prudenti

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 592 (N.Y. App. Div. 1995)
Case details for

Matter of Staron v. Prudenti

Case Details

Full title:In the Matter of FRANK STARON, Petitioner, v. A. GAIL PRUDENTI, as Justice…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 18, 1995

Citations

222 A.D.2d 592 (N.Y. App. Div. 1995)
636 N.Y.S.2d 644